Pratibha Ajay Chaudhari v. Ajay Baliram Chaudhari

1 MCA / 129 / 2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 957 MISC. CIVIL APPLICATION NO.129 OF 2022 PRATIBHA AJAY CHAUDHARI

VERSUS

AJAY BALIRAM CHAUDHARI ...

Advocate for Applicant : Mr. Sable B. R.

...

CORAM

: MANGESH S. PATIL, J.

DATE : 15 JULY 2022 PC :

Heard.

2.

The wife is seeking transfer of the divorce proceeding initiated by the respondent - husband from Family Court at Jalna to Family Court at Parbahani where she has been staying after the couple got separated.

3.

The respondent has been duly served with a notice for final disposal but has not appeared.

4.

The averments in the application have gone without any challenge.

5.

The applicant has specifically mentioned that she has also initiated a proceeding under the provisions of the Protection of Women From Domestic Violence Act, 2005 and has lodged FIR at Jintur.

2 MCA / 129 / 2022 6.

She has specifically averred that she has no source of income. The respondent has been earning substantial income. It is difficult for her to commute between Jintur and Jalna and the matter may be transferred.

7.

Convenience of the wife is paramount more so when she does not have any source of income.

8.

The application is allowed.

9.

Petition No. A/62/2019 pending in the Family Court, Jalna is transferred to the Family Court, Parbhani for decision in accordance with law.

10.

The parties shall appear before Family Court, Parbhani on 30 July 2022.

11.

All the Courts taking up the matters between the couple at Parbhani, shall as far as possible list all the matters on the same day. [ MANGESH S. PATIL ] JUDGE arp/